Today's Law As Amended


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AB-345 Natural resources: environmental justice: oil and gas: regulation of operations.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 12805.4 is added to the Government Code, to read:

12805.4.
 (a) The Secretary of the Natural Resources Agency shall create an environmental justice program within the Natural Resources Agency to identify and address any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice.
(b) Contingent upon funding for this purpose, the secretary shall establish a grant-based reimbursement program to enable environmental justice and community groups to meaningfully participate in rulemaking and other regulatory processes at departments and entities within the agency.
(c) For purposes of this section, “environmental justice” has the same meaning as in Section 65040.12.

SEC. 2.

 Section 3203.5 is added to the Public Resources Code, to read:

3203.5.
 (a) The Legislature finds and declares that it is vital that populations and residents impacted by oil and gas extraction activities have equitable access to, and can meaningfully contribute to, decisionmaking processes that address impacts related to oil and gas extraction activities.
(b) (1) On or before July 1, 2022, the department shall adopt regulations to protect public health and safety near oil and gas extraction facilities.
(2) (A) The regulations shall include safety requirements and the establishment of a minimum setback distance between oil and gas activities and sensitive receptors such as schools, childcare facilities, playgrounds, residences, hospitals, and health clinics based on health, scientific, and other data. The department shall consider a setback distance of 2,500 feet at schools, playgrounds, and public facilities where children are present.
(B) The department shall consider including in the regulations a range of other protective measures, including, but not limited to, enhanced monitoring and maintenance requirements.
(c) (1) Before adopting regulations pursuant to subdivision (b), the department shall consult with environmental, environmental justice, and public health advocates, as well as public health authorities, including the State Department of Public Health, the California Environmental Protection Agency, local air quality management districts, the state and regional water boards, and other health experts.
(2) In developing the regulations, the department shall incorporate the best available existing health and safety science and data, and community-based expertise.
(3) In developing the regulations, the department shall consult with the State Air Resources Board and incorporate expertise and data from the State Air Resources Board’s ongoing monitoring program.
(d) Before adopting regulations pursuant to subdivision (b), the department shall conduct at least four prerulemaking workshops. These workshops shall occur in regions near oil and gas operations at a time and place accessible to local residents. Measures to increase the accessibility of workshops shall include, but are not limited to, evening and weekend workshops, translation of all materials, and simultaneous interpretation of oral presentations and testimony.
(e) (1) On or before January 1, 2022, the department shall provide an update on the status of the rulemaking process and a description of the regulations being considered to the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Water.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.